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HomeMy WebLinkAboutSILD 672, Resolution 3558 (Cattail Creek Phase 1) COMMISSION RESOLUTION NO. 3558 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 672 (CATTAil CREEK, PHASE I); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE lEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the "Commission") of the City of Bozeman, Montana (the "City"), as follows: Section 1. Passaae of Resolution of Intention. This Commission, on October 7,2002, adopted Resolution No. 3550 (the "Resolution of Intention"), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 672 (Cattail Creek, Phase I) of the City (the "District"), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the "Act"), for the purpose offinancing costs of certain local improvements described generally therein (the "Improvements") and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2. Notice and Public Hearina. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on October 28, 2002, this Commission conducted a public hearing on the creation ofthe District and the making ofthe Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the "Protest Period"). Section 3. Protests. Within the Protest Period, no protests were filed with the Clerk of the Commission and not withdrawn by the owners of property in the District subject to assessment. Section 4. Creation of the District: Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in, and otherwise in accordance with, the Resolution of Intention. The protests against the creation of the District or the making of the Improvements filed during the Protest Period, if any, are hereby found to be insufficient. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5. Preparation and levvina of Assessments. It shall be the duty of the Clerk of the Commission to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The Clerk of the Commission is authorized to provide notice of the resolution of assessment and schedule a public hearing therefor in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution, deliver it to the City Treasurer. Section 6. Liahtina District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 672 Fund (the "Fund"). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. -.-------. -, ..-... - .--..-- ..-- .--... -...-.--.--.....--.------ ----.-------..". PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of November 2002. STE~dK'~~ ATTEST: ~X~ I L. SULLIVAN Clerk of the Commission ---- --...-----.....---..-..--.. -... ----- -- ------~- ---------- - - -- ---